Higdon v. Cooper

Undercofler, Justice.

On June 1,1979, Higdon entered a guilty plea to burglary. Under a mistake that Higdon was a first offender, the trial court sentenced him to two years on probation, said probation conditioned upon successful completion of the “Gateway House” program. Higdon was confined under this sentence. Later it was discovered Higdon was not a first offender and on June 15,1979, the trial court revoked the two year probated sentence and Higdon was sentenced to five years confinement. The trial court found that, “. . . Higdon acted in conscious deceit and misrepresentation as to his…